UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2026-02-25UPC_CFI_692/2026Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI grantedDüsseldorf Local Division granted provisional measures (preliminary injunction) against Yaham Recience Technology for infringement of EP 3 757 442 B1 (LED display module for temporary exhibition stands). The order was issued ex parte during the EuroShop trade fair in Düsseldorf, with penalty payments ordered for non-compliance and provisional cost reimbursement of EUR 400,000.
2026-02-12UPC_CFI_723/2025Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI grantedDüsseldorf Local Division granted provisional measures (preliminary injunction) against Angelalign defendants 1, 2, 4, 5, and 6 for infringement of EP 4 346 690 B1 (dental aligner technology), with penalty payments of up to EUR 10,000 per infringing product or EUR 20,000 per day for continuing infringement, and provisional cost reimbursement of EUR 400,000. The application against defendant 3 (Angelalign Technology Inc., Cayman Islands holding company) was rejected as no actions beyond typical shareholder role were alleged.
2025-12-29UPC_CFI_723/2025Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI deniedThe Düsseldorf Local Division dismissed Align Technology's application for a preliminary injunction against Angelalign entities concerning dental aligner patent EP 4 346 690, and addressed a request for leave to appeal the order.
2025-11-12UPC_CFI_837/2024Dusseldorf LDApplication Rop 333ProceduralProcedural onlyThe Düsseldorf Local Division panel dismissed the defendants' application under R. 333.1 RoP to review the judge-rapporteur's order refusing to extend deadlines for filing rejoinder and related submissions in the American Wave Machines v. Surftown wave-machine patent case.
2025-11-06UPC_CFI_723/2025Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyDüsseldorf Local Division procedural order in Align Technology's application for provisional measures against Angelalign. The order addresses Angelalign's request for security for costs under R. 158.1 RoP based on Align Technology's US domicile and assesses whether enforcement of a cost order would be unduly burdensome. This order was issued before the final provisional measures order of 12 February 2026.
2025-08-21ACT_13359/2024Dusseldorf LDInfringement ActionProceduralProcedural onlyProcedural order in infringement proceedings by Hartmann Packaging A/S against Omni-Pac entities (Düsseldorf Local Division) concerning EP 2 755 901 B1 (egg packaging). The order closes the interim procedure, provides the panel's preliminary view on the skilled person definition and provides the parties with feature analyses for claims 1, 5 and 6. Claimant cautioned about potential indefiniteness of its recall request and corrected the basis for preliminary damages. Parties given deadline until 28 August 2025 for uploads before oral hearing.
2025-06-10UPC_APP_26391/2025Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division granted Aesculap AG's request for simultaneous interpretation at the oral hearing in preliminary injunction proceedings against Shanghai International Holding Corporation GmbH concerning EP 2 892 442 B1, and permitted video conference participation.
2025-05-02ACT_15774/2024Dusseldorf LDInfringement ActionProceduralProcedural onlyInterim procedure closure order in 10x Genomics, Inc. v. Curio Bioscience Inc. at Düsseldorf Local Division (EP 2 697 391 B1). Directions for the oral hearing were issued including: (1) translation of claim motions into English; (2) guidance on publication/media order requirements (Art. 80 UPCA); (3) clarification of 'such as' wording in supporting documents request; (4) parties to submit cost estimates (R. 104(k) RoP); (5) parties may upload hearing aids. Interim procedure closed.
2024-09-06ACT_18551/2024Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI deniedOrder by Düsseldorf Local Division (UPC_CFI_166/2024, 6 September 2024) rejecting Novartis AG and Genentech Inc.'s application for provisional measures against Celltrion Inc. for alleged infringement of EP 3 805 248 B1 (biologic/antibody). The application was dismissed on the merits (infringement insufficiently established). Applicants were ordered to pay interim costs of EUR 138,562.80. The court addressed claim interpretation, imminent infringement, non-applicability of stay of proceedings (R. 295 RoP) to PI proceedings, and the costs gap in the absence of main proceedings.
2024-07-03ACT_459767/2023Dusseldorf LDInfringement ActionInfringement meritsInfringedDecision of the Düsseldorf Local Division finding infringement of EP 3 375 337 B1 by Bette GmbH & Co. KG in an action by Franz Kaldewei GmbH & Co. KG concerning bathroom basin technology. The defendant was ordered to cease and desist, recall and remove products from distribution channels, and pay EUR 10,000 as a provisional award of damages with a declaration of further damages liability. The revocation counterclaim was partially successful (50% costs for revocation). Key holdings address prior use rights under Art. 28 UPCA (must be proven country by country), the scope of the information right under Art. 68 UPCA, and the concept of permanent removal from distribution channels as distinct from recall.
2024-04-30ACT_590953/2023Dusseldorf LDApplication for provisional measuresPreliminary injunctionPI grantedSame order as ORD_23580/2024 / UPC_CFI_463/2023 (Düsseldorf, 30 April 2024) – duplicate document. 10x Genomics obtained a preliminary injunction against Curio Bioscience restraining sale of infringing spatial transcriptomics arrays (EP 2 697 391) in Germany, France, and Sweden, subject to a EUR 2,000,000 security.
2024-03-11UPC_APP_8500/2024Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division issued a confidentiality protection order under R.262A RoP establishing principles for granting natural persons access to protected information, holding that access cannot be denied solely because a named person works in the relevant technical field.
2024-03-01UPC_APP_9978/2024Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in the 10x Genomics v. Curio Bioscience provisional measures proceedings, rejecting 10x Genomics' request for court-ordered simultaneous interpretation at the oral hearing, on grounds that the applicant had itself chosen German as the language of proceedings and had earlier opposed a language change requested by the respondent.
2024-02-23UPC_APP_8500/2024Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyPublished headnotes and keywords document for the 23 February 2024 Düsseldorf Local Division order in Curio Bioscience v. 10x Genomics, setting out the legal principles on trade secret protection under Rule 262A RoP in provisional measures proceedings, including preliminary access restrictions and the right to be heard before a final confidentiality order.
2024-02-23UPC_APP_8500/2024Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division issued a confidentiality protection order under Rule 262A RoP in Curio Bioscience v. 10x Genomics, establishing preliminary access restrictions to allegedly confidential documents and setting out the proportionate circle of persons entitled to access (four legal representatives, two patent attorneys, three client representatives, expandable by two paralegals if needed).
2024-02-23UPC_APP_9671/2024Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division rejected the applicant's (10x Genomics) request to move the deadline for responding to the opposition, holding that the deadline runs from the issuance of the prior procedural order and cannot be shifted to the conclusion of the confidentiality proceedings.
2024-02-23UPC_APP_9671/2024Dusseldorf LDApplication for provisional measuresProceduralProcedural onlyThe Düsseldorf Local Division rejected the applicant's (10x Genomics) request to move the deadline for responding to the opposition, holding that the deadline runs from the issuance of the prior procedural order and cannot be shifted to the conclusion of the confidentiality proceedings.
2024-02-21UPC_APP_6926/2024Dusseldorf LDInfringement ActionProceduralProcedural onlyThe Düsseldorf Local Division issued a procedural order in FUJIFILM v. Kodak GmbH, granting the defendants a retrospective extension of the deadline to file their counterclaim for revocation in the dedicated CMS workflow, on the conditions that a first filing attempt had been made before the deadline and the corrected upload was made without culpable delay.
2024-02-21UPC_APP_6926/2024Dusseldorf LDInfringement ActionProceduralProcedural onlyDuplicate version of the 21 February 2024 Düsseldorf Local Division procedural order in FUJIFILM v. Kodak, granting a retrospective extension of the CMS workflow deadline for filing the counterclaim for revocation.